Carroll v. . Bullock
New York Court of Appeals
Appeal from, an order of the Appellate Division of the' Supreme Court in the third judicial department, entered November 29, 1911, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term after the submission of certain questions to a jury and the reception of a verdict thereon, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from, an order of the Appellate Division of the' Supreme Court in the third judicial department, entered November 29, 1911, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term after the submission of certain questions to a jury and the reception of a verdict thereon, and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. This action is an action of ejectment with demand for incidental equitable relief. As such it is an action at law, triable by a jury. As such the Appellate Division…
1Opinion of the CourtMiller, J.
To elucidate the points made on this appeal it is necessary to state somewhat at length the proceedings in the action leading up to the judgment appealed from. The action, as the complaint was originally framed, was one at law to recover possession of a strip of land described as being about fourteen feet long and about six inches wide which was claimed to be encroached upon by the exterior wall of the defendant’s building. The defendant pleaded in defense facts to bring the case within subdivision 2, section 1499 of the Code of Civil Procedure. Subsequently, by leave of the court,. an…
2Cases cited20 opinions
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Carr v. . CarrNew York Court of Appeals · 1873
- Learned v. . TillotsonNew York Court of Appeals · 1884
- Hahl v. . SugoNew York Court of Appeals · 1901
- Ward v. . WarrenNew York Court of Appeals · 1880
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3Cited by23 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- (AMERICAN) LUMBERMENS MUT. CAS. CO. v. Timms & HowardCourt of Appeals for the Second Circuit · 1939
- Nishman v. De MarcoAppellate Division of the Supreme Court of the State of New York · 1980
- Dundalk Holding Co. v. EasterCourt of Appeals of Maryland · 1958
- Gordon v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1983
18 more not listed; retrieve them via the Exa API.